Even after a Fresno appeals court essentially gutted the cellphone law in 2014, the Legislature has shown no sign of revising it. Part of the reason may be that there are a large number of privacy advocates in California, and broad cellphone laws straddle the line between safety and intrusion, at least in the eyes of many.

There is also something of an avalanche effect, especially since there is evidence that hands-free mobile devices, like the ones that are available on most new cars, are equally as hazardous as hand-held devices. The same thing could be said for applying makeup while driving, drinking a cup of coffee, talking to passengers, and anything else that take the operator’s eyes off the road or mind off driving.

Distracted Driving Laws in California

VC 23123.5 is the primary cellphone law; it prohibits sending or reading text-based messages while driving. Since 2014, that law has been interpreted very narrowly. First, the vehicle must be in motion and on the street. Second, the driver must have been texting, emailing, or messaging, and not surfing the web, looking at a map, or using an app.

It is also illegal for an adult to talk on a hand-held device while driving, and illegal for minors to use any mobile communication device while driving.

Despite the $20 fine, cellphone tickets cost more than $160 each. Furthermore, since they are not moving violations, traffic school is probably not an option. So, the best way to save money and keep your record clean is to fight the ticket.

Getting Legal Help

The aggressive attorneys at Bigger & Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-349-9300 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-349-9755.